Today I was fishing near Edisto around high tide. I was on a paddle board looking for tailing reds and paddled off of a main river onto a marsh flat. The flat is huge. As I got about 75yds from the bank a women came screaming across her yard and told me I was trespassing and that she was going to call DNR. She told me that she owned the entire marsh. I didn’t want to start and argument so I paddled across the flat to a small feeder creek. She continued yelling that she owned the creeks within the flat too.
It was my understanding that no one owns a marsh? Certainly no one owns the water I was floating on? I only know of rare exceptions where a family still maintains a Kings-Grant from the colonial era, which gives them ownership.
Am I wrong? Should I call DNR or some other agency to inquire about this?
AS I UNDERSTAND MARSH AND CREEK OWNERS ONLY OWN TO THE MEAN-HIGH WATER MARK SAME AS OCEAN FRONT OWNERS . CAN’T TIE UP TO THEIR DOCKS WITHOUT PERMISSION THOUGH…
GIS shows many properties extending into the marsh, including this one. However, as far as I understand, that doesn’t mean they control the water or who uses it. If that was the case, most of the marshes in SC would be private property and no one would be allowed to pole one them, kayak or wade.
^ that’s the problem, it’s an amazing flat. Several feeder creeks and lots of fish. I was casting at a railing Fish when she started screaming. I’ll be speaking with DNR to get a straight answer
For anyone interested, here is the legal background of court cases where it has been found in the State Supreme Court that the State of SC holds all marshland below the high water mark in public trust. The only exception, is if there is an original Kings grant dating to the colonies that spicifically conveyed ownership of marsh. These cases are extremely rare.
Bosun ,I wish you would have been with me early one morning when my little boys were gunning some hens near the rich a holes on seabrook.They called in an army of law dogs but they couldn’t pin anything on us.haha
Especially sorry this happened near Edisto. I get property rights but that woman is wrong. Another reason to support Edisto Open Land Trust so as much of that area as possible belongs to nature.
I would have avoided a confrontation with the woman and left , but I would have called DNR and let them handle the situation. It is illegal to interfere with anyone legally fishing. The public’s property extends to the MHW mark.
I’m no legal expert, but as everyone has said legal to high tide mark and even on Kings Grant if it is a navigable creek you are legal on it as long as you are not in the grass. Kings Grant gives ownership off MARSH, not Creeks running through them. But I would contact DNR with a Google map image and confirm before going there again. If alls good fish the heck out of it.
They actually do own it and pay taxes on it, properties are advertised for sale and sold as x acres of high land and y acres of marsh land,I look at the plats and surveys all of the time, control of the marsh is a different story.
Kings grant on properties DOES give control of the water that flows across it and creeks that flow through it. If you want to test it, take a boat ride into one and call DNR on yourself- enjoy your ticket.
We use phrases like navigable waters are always legal, because 99.9% of it is legal.
Just like camping on an uninhabited island,almost always ok but usually you are actually tresspassing on someone’s property.
^^ Dockman, how do you know if a marsh is Kings Grant? Are they required to post it if they don’t want the public using it?
You are correct about marsh ownership and according to GIS they do own 50 acres of marsh, but I don’t think that gives them authority to regulate who can use the water. Just like beach front property. A parcel may extend onto the beach, but the public is allowed to use anything below the dunes.
Kings grant waterways are usually either posted or blocked with a cable or pilings if they don’t want you in there, I have seen all 3. Most are located on old plantations. Many of the rice fields with broken dikes are actually KG waters.
